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CommissionfortheInvestigationofAbuseofAuthorityAct

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    Commission for the Investigation of

    Abuse of Authority Act, 1991

Commission for the Investigation of Abuse

    of Authority (First Amendment) Act, 1991 1991 November 20

Commission for the Investigation of Abuse

    of Authority (Second Amendment) Act, 2002 2002 August 15

    Preamble: Whereas it is expedient to make provisions for the Duty, Power and

    Responsibilities and Working Procedure of the Commission for the Investigation of

    Abuse of Authority, 1991;

    Now, therefore, Parliament has, in the twentieth year of the reign of His Majesty King

    Birendra Bir Bikram Shah Dev, enacted this Act.

    Chapter I

    Preliminary

    1. Short Title and Commencement

    (1) This law shall be called the Commission for the investigation of abuse of authority

    Act, 1991.

    (2) This law shall be applicable throughout the kingdom of Nepal, as well as to all

    Nepali citizens, wherever they may be living or residing outside the kingdom of

    Nepal.

    (3) It shall come into force at once.

    2. Definitions

     Unless otherwise meant with reference to the subject or context, in this Act,

    (a) "Constitution" means the Constitution of the Kingdom of Nepal, 1990

    (b) "Commission" means the Commission for the Investigation of Abuse of Authority,

    constituted under Article 97 of the Constitution of the Kingdom of Nepal

    (c) "Commissioner" means including the Chief Commissioner of the Commission.

    (d) "Person holding a public post" means any person who is holding a post of

    responsibility or is entitled to exercise any right in pursuance of the Constitution,

    other prevailing laws or decisions or orders of the concerned body or authority and

    the term shall also mean an official or employee holding any post in a public

    institution.

    (e) "Public Institution" shall mean the following institutions:

    1. A company, bank or committee wholly or partly owned or controlled by His

    Majesty's Government or commissions, organizations, authority, corporations,

    Page 1 CIAA Act, 1991: Unofficial translation

    academy, boards, centers, councils or any other organized institution of such

    nature established by His Majesty's Government,

    2. Universities, campuses, schools, research centers and any other academic or

    educational institutions run by His Majesty's Government or receiving full or

    partial grants from His Majesty's Government,

    3. Local bodies constituted under the Local Self-Governance Act, 1999,

    4. Institutions run with loans, grants or guarantee of His Majesty's Government.

    5. Institutions with full or partial ownership in the institutions stated in Sub-

    Clauses (1), (2), (3) or (4),

    6. Any other institution designated as public institution by His Majesty's

    Government by publishing a notification in the Nepal Gazette.

    (f) "Investigation Officer" means a person designated under this law for conducting

    inquiries and investigations into abuse of authority.

    (g) "Improper Action" means any action as mentioned in Section 3, committed by a

    person holding a public post.

    (h) "Corruption" means an offence punishable under the current laws relating to the

    elimination of corruption.

    (i) "Abuse of Authority" means an improper action as mentioned in Clauses (g) or (h)

    or corruption,

    (j) "Court" means the court pursuant to Section 34 (1),

    (k) "Authority" means an authority provided for in current laws or agreements or any

    other written documents relating to terms and conditions of service of a person who

    is holding a public post, and the term shall also apply to a person authorized to

    appoint, dismiss from service or supervise the works of such persons.

    3. Improper action: Any of the following actions taken willfully or negligently by a person holding a public post shall be deemed as an improper action: (a) Who has refused to do anything within his jurisdiction or done anything for which

    he has no powers,

    (b) Who has failed to comply with the mandatory working procedures while taking

    any decision or issuing any order,

    (c) Who has exercised powers vested with him for any objective or purpose in

    contravention of the appropriate laws, decision or order,

    (d) Who has exercised his discretionary powers in a malafide or arbitrary manner, (e) Who has created unauthorized obstruction in the work of any other office, official

    or employee, or compelled them to do any unauthorized acts by exerting pressure

    on such office, official or employee,

    (f) Who has shifted the responsibility by not doing anything which he or she should

    have done, but sent it to another office or official,

    Page 2 CIAA Act, 1991: Unofficial translation

    (g) Who has failed to discharge any duty pertaining to his post, which he is required to

    discharge according to the nature of the post.

    (h) Who has got his work done by exerting undue pressures on an employee who is

    subordinate to him or any person who is under his influence, or

    (i) Who has abused the immunity, facilities or privileges acquired in the capacity of his

    post.

    Chapter II

    Provisions Regarding Jurisdiction of the Commission

    4. Jurisdiction of the Commission: The Commission, in accordance with this Act or other

    current laws, may conduct investigations, file cases or take any action against any person holding a public post found guilty of abusing powers. Provided that, a. In matters contained in the proviso of Article 98 (1) of the Constitution, actions shall

    be taken accordingly.

    b. The Commission, pursuant to the Act, shall not take any action in matters relating

    to any business or decisions taken at meetings of any House of Parliament or of any

    committee or anything said or done by any member at such meetings, or any policy

    decisions taken by the Council of Ministers or any committee thereof or judicial

    actions of a court of law.

    5. * Repealed by the Second Amendment

    6. Regarding actions by the Commission on improper acts in institutions: The

    Commission may refer any complaint filed with it regarding any improper action in any public institution to the concerned institution, or to the concerned higher body for action, according to circumstances, on the condition that the report is submitted to it, and such body shall inform both the Commission and the complainant about the action and decision taken in respect thereto.

    Provided that in case the Commission so deems necessary, it may conduct a fresh inquiry or initiate action itself in respect to such complaint.

    7. Commission not allowed to raise questions about exercise of discretionary powers:

    The Commission shall not initiate any action under this Act with regard to any action or decision taken by any officer in any matter in exercise of his discretionary powers.

    Provided that in case it appears that such discretionary powers have been exercised in a malafide or arbitrary manner, nothing mentioned in this Section shall be deemed to have prevented the Commission from initiating action in respect thereto.

    Page 3 CIAA Act, 1991: Unofficial translation

    Chapter III

    Provisions Regarding Improper Actions

    8. Complaints with regard to improper acts:

    (1) In case anyone commits improper actions having an adverse effect on matters of

    public interests or concern, anyone may file a complaint with the Commission and

    in case of matters other than this, any person who is adversely affected by the

    improper action may lodge a complaint.

     Provided that in case the person adversely affected by improper acts has already

    died or it is proved that he is unable to file a complaint because of physical or

    mental incapacity, the Commission may initiate action in respect thereto on the

    basis of a complaint filed by his heir or guardian as well.

    (2) Notwithstanding no one filing a complaint pursuant to Sub-Section (1), in case a

    tip-off is received to the Commission from any source about an improper action

    being committed adversely affecting matters of public interest or concern, the

    Commission, pursuant to this Act, may conduct an inquiry or investigation and

    take necessary action with regard to it.

    (3) While filing a complaint as per Sub-Section (1) on matters having an adverse impact

    on public interest or concern, the complaint may be filed any time and with regard

    to matters other than this complaints shall be filed within 35 days after the

    complainant comes to know of it.

    (4) While submitting a complaint, the complainant must submit all the evidences in

    support of the complaint which are in his possession or which he can obtain.

    9. Verification of complaints: Except when the person adversely affected by improper

    actions personally files a complaint with the Commission, in case the complaint is forwarded to the Commission by post or by any other means, the Commission must summon the complainant to appear before it within seven days after receiving such complaint for its verification.

    Provided that in case the contents of the complaint show that it is not based on the facts or is unclear or confusing, the Commission may decide not to take any action in respect thereto. The Commission shall inform the person adversely affected by improper actions of such decision as early as possible.

    10. Procuring the relevant files and documents of evidence:

    In case the contents of the complaints, and any evidences, if any, submitted by the complainant in respect thereto, provide reasonable grounds to believe that any person holding a public post has done any improper action as mentioned in the complaint, the Commission may procure the relevant files or documents of evidence from the appropriate office, office-holder, or person, and in case of any person who can provide important information in respect thereto, the Commission may also interrogate such person.

    Page 4 CIAA Act, 1991: Unofficial translation

    11. Procedure for departmental action:

    1. In case any person holding a public post is deemed to have committed an

    improper action or there is reasonable ground to believe so from an investigation

    undertaken by the Commission, the Commission shall send a notification to such

    person by enclosing all the details obtained from the investigation into the

    complaint filed against him requiring him to submit a clarification within a

    prescribed period.

    2. While sending a notification pursuant to Sub-Section (1), the complaint filed

    against the person holding a public post, all the details acquired from the

    investigation, the ground on which the allegations against him are based or what

    kind of departmental action or punishment or action he should face in case he is

    convicted of the charge must be clearly mentioned in the notification.

    12. Written request for departmental action:

    1. In case any person holding a public post does not submit a clarification within the

    time as prescribed in Section 11 (1), or in case, in the opinion of the Commission,

    the clarification submitted by him is not deemed satisfactory, the Commission

    may caution him or write to the appropriate authority to take departmental action

    against him by clearly stating the reasons and grounds depending on the degree

    of offence.

    2. In case the request in writing has been received as per Sub-Section (1), the

    concerned authority shall propose an appropriate sentence and must inform the

    Commission within three months of taking departmental action as per the current

    laws. In case the action has been initiated in response to a complaint filed by

    somebody else, the complainant must also be informed of this.

    3. In case the appropriate authority fails to take departmental action within the time

    prescribed in Sub-Section (2) except as otherwise having a reasonable ground, the

    Commission may take an action against the authority considering it as an

    improper action under this Act.

    12a. To write for other necessary action: In case any person holding a public post

    commits an improper action and causes harm or loss to His Majesty, His Majesty's Government or public corporations, the Commission shall write to the concerned body or authority to make up for the losses incurred or to take any other necessary action deemed appropriate by the Commission.

    12b. To issue an order for rectifying bad results: The Commission may write to the

    concerned authority or department in order to rectify the bad results arising out of the improper action committed by any person holding a public post.

     Provided that in case the decision taken by the person holding a public post can be appealed under current laws, the Commission shall not write in such a way that it would have an influence on such decision.

    12c. To inform the Commission: In case of having received a response pursuant to Section 12a or 12b, the concerned authority or body must take action within three months of after receiving the response and the Commission must be informed of this.

    Page 5 CIAA Act, 1991: Unofficial translation

    Chapter IV

    Provisions Regarding Corruption

    13. Complaints regarding corruption:

    1. The Commission may conduct inquiries and investigations, or initiate other

    action, in respect to corruption under this Act, on the basis of a complaint filed

    by any person, or of information obtained by the Commission from any source. 2. In respect to corruption other than that mentioned in Section 29, in case the

    Commission fails to initiate action within a period of 5 years, no action shall be

    initiated in respect thereto under this law after the expiry of that period.

    Provided that no time limit shall be observed in case corruption is committed

    by misappropriating government or public property or the property of an

    institution owned by HMG.

    14. Preliminary investigation regarding corruption:

    1. In case there exists a reasonable ground to believe on the basis of any complaint

    or report, or from information received by the Commission from any other

    source, that a person holding a public post has committed an offence of

    corruption, the Commission may conduct a preliminary investigation into it

    secretly.

    2. While conducting a preliminary investigation into the offence of corruption

    under Sub-Section (1), the Commission may exercise the powers vested in it

    under this Act in respect to inquiries and investigations.

    15. Clarification to be sought from the concerned person in case information seems to be correct. If, in course of a preliminary investigation into any offence involving corruption under Sub-Section (1) of Section 14, the complaint, report or information received by the Commission is deemed to be correct, the Commission may demand clarifications from the person who has committed offence as well as from other person implicated therein, mentioning brief details of the charges.

    16. Detention of the accused:

    1. In case there is adequate ground to believe that any person against whom the

    Commission has initiated actions on charges of corruption may conceal or

    destroy any evidence, or hamper or obstruct, or adversely affect the action being

    undertaken by the Commission, the Commission may keep him in detention by

    providing with him a detention order in his name under current law. 2. In case, as regards the person in detention, it is deemed necessary to continue

    investigation by keeping him in detention for a longer period of time since 24-

    hour detention is not enough for completing the process, it can be done only

    through the permission of a court of law by producing him in a court. While

    seeking permission from the court, allegations against him, its ground, the

    reasons for continuing probe by keeping him in detention and contents of his

    statement, if at all, must be clearly mentioned.

    Page 6 CIAA Act, 1991: Unofficial translation

    3. The person who has been produced before the court for the purpose of seeking

    permission to keep in detention under Sub-Section (2) may file an application at

    the court requesting for his own physical check-up.

    4. In case a permission is asked under Sub-Section (2) to keep in detention, the

    court, upon scrutinizing the relevant documents, shall decide whether the

    investigation is going satisfactorily or not, and if it is deemed satisfactory, it can

    grant the permission to keep in detention for a maximum period of six months,

    not exceeding one month at a time.

    5. While asking for an extended period of time to keep the accused in detention

    under Sub-Section (4), the person in detention may file an application at the

    concerned court by detailing all the grounds and reasons proving that his

    detention is not necessary, if he so desires.

    17. Ipso Facto suspension:

    In case the Commission has kept in detention any person holding a public post under Section 16 or Section 19 (4), such person shall be deemed to have been ipso

    facto suspended from his post for the period of such detention, and in case the case has been filed against him in the Court under Section 18, he shall be deemed to have been so suspended until the case is disposed off. The person so suspended shall be deemed unfit for any government offices or public corporations or any other post which may cause an additional financial burden to the loan or grant amount to be received by His Majesty's Government.

    18. Filing of cases:

    In case there exists reasonable grounds to believe, on the basis of action initiated under this Act, and inquiries and investigations conducted in respect thereto, regarding a charge of corruption against any person holding a public post, that he has committed such offence, the Commission may order the investigation officer or other concerned agency or office of His Majesty's Government to file a case at the appropriate Appellate Court under the current law in respect thereto.

    Chapter V

    Inquiries and Investigations

    19. Powers of the Commission relating to inquiries and investigations:

    1. While conducting inquiries and investigations into abuse of authority under this Act, the Commission may exercise the following powers:

    a. To issue orders to submit to the Commission, or present to the Commission

    within a specific time limit, relevant files or documents of evidence, or other

    materials, in the possession of any office or individual, or

    b. To interrogate the person against whom charges of abuse of authority have been

    made or any person who, in the opinion of the Commission, possesses

    knowledge of the relevant facts by securing their presence in the Commission,

    Page 7 CIAA Act, 1991: Unofficial translation

    and record their statements or issue questionnaires in their name depending on

    necessity.

    c. To issue an order to the police to arrest and produce in the court the person who

    fails to be present in the Commission within the stipulated time after receiving

    the notice to become present at the Commission, no matter wherever he resides

    or is living.

    2. After the Commission obtains clarifications from or records the statements of the person against whom charges of abuse of authority have been made, it may release him after making him sign a bond stipulating that he will appear before the Commission at required time, or put him on date.

    3. In case there exists reasonable ground to believe that the person against whom an action has been initiated on charges of corruption may conceal or destroy evidence against him, or hamper or obstruct inquiry and investigations if he is allowed to continue in his post, the Commission may write to His Majesty's Government or concerned public institution, depending on the circumstances, to suspend him from his post.

    4. In case there exists reasonable ground to believe that the person against whom action has been initiated on charges of corruption may abscond and disappear, or in case any property appears to have been lost or damaged, the Commission may demand security or collateral from him as per current law, and in case such security or collateral is not provided, keep him in detention.

    5. In case the Commission has written to any office or individual to submit any document or other material, or furnish information about any matter, or in case the Commission has summoned any person to appear before it,

    a. In case such office does not furnish such document or material within a

    reasonable time limit accordingly or does not furnish information relating

    thereto, the Commission may direct the concerned minister or institution to

    initiate departmental action against the chief office-holder of the concerned

    office.

    b. In case such person does not furnish the document or materials within a

    reasonable time limit accordingly, or does not furnish information relating

    thereto, or in case such person does not appear before the Commission, the

    Commission may fine him with an amount not exceeding RS. 1000.00.

    6. In case any office or individual does not comply with the orders of the Commission even after the departmental action is taken, or a fine imposed, according to Sub-Section (5), the Commission may issue an arrest warrant for arresting and producing the chief office holder or person, and have such office or person furnish such document or material, or provide necessary information. In case the office holder or person who is arrested in this manner does not furnish such document or material, or does not provide information relating thereto, the Commission may issue an order to keep him in detention for a period not exceeding seven days.

    Page 8 CIAA Act, 1991: Unofficial translation

    7. In case the Commission has directed that departmental action be taken or decided

    to impose a fine under Sub-Section (5), and in case the chief office holder or the

    concerned person submits a petition citing reasonable grounds why he has not been

    able to comply with the order of the Commission and therefore such action should

    not be initiated or such fine should not be imposed, and in case the reasons appear

    to be satisfactory, the Commission may cancel the order relating to such directive or

    fine.

    8. The Commission shall have powers to conduct or direct the search of any place

    under current law depending on the need, take into custody any object, document

    or file in course of such search deemed necessary by it, or make a copy of such

    document or file.

    9. Except in circumstances when the Commission has no power under this Act to

    initiate action, no person holding a public post shall be granted immunity from

    disclosing any information on the basis of confidentiality in the course of

    proceedings before the Commission.

    10. Every agency or office holder conducting investigations into abuse of authority

    shall conduct proceedings in camera, instead of taking open action leading to

    publicity, unless there is prima facie evidence of the guilt of the person against

    whom charges of abuse of authority have been framed.

    11. In case any person files a complaint against abuse of authority by any person

    holding a post in which appointments are made on a political basis or against a

    member of the Parliament, the Commission must conduct secret inquiries into such

    complaints. If, in the course of such inquiries, it is found that there is ground to

    prove the matters mentioned in the complaint, then, an action shall be initiated

    under this Act in respect to such complaint, and the Commission shall inform the

    Prime Minister of detailed inquiries in the case of a person holding any post in

    which appointment was made on a political basis, and the Speaker or the Chairman

    of the appropriate House in the case of a member of Parliament.

    12. In course of the investigations or inquiries carried out under this Act, in case the

    charges are not proved on the ground of the collected evidences, the Commission

    may put on hold such complaints by creating an order slip.

     Provided that this Section would not be deemed to have obstructed the

    proceedings if fresh evidences put a new face on the complaint.

    13. In case a decision is taken to put on hold the complaint as per Sub-Section (12), the

    concerned person holding a public post and the complainant shall be informed of it. 14. Notwithstanding anything contained in this Act, in case improper action is found

    to have been committed in course of the investigation into corruption or in case

    corruption is found to have been committed in course of inquiries into improper

    actions or about it, actions shall be taken accordingly.

    15. To an accused, who has all along helped in the investigations and inquiries under

    this Act, the Commission may present him in the court as a witness and may appeal

    for commutation of the sentence, partly or wholly.

    Page 9 CIAA Act, 1991: Unofficial translation

     Provided that in case the assistance made by him fail to be corroborated

    through other proofs or evidences or he gives a statement in the concerned court

    which is opposed to the assistance he rendered in the Commission, lawsuits may be

    re-filed against the person, notwithstanding anything contained in this Act or other

    current laws.

    20. Appointment of investigation officer :

    1. The commission may appoint or designate any Commissioner or any employee of

    the Commission or any employee of HMG or any institution, as investigation officer

    according to needs in order to conduct Preliminary inquiries and investigations into

    improper actions or offense involving corruption under this law.

     Provided that while appointing the employee of the government or any

    institution as Investigation Officer, the Commission shall appoint or designate after

    consulting with His Majesty's Government or the chief of the office of the concerned

    institution depending on the condition.

    2. The Investigation Officer appointed or designated by the Commission under Sub-

    Section (1) may exercise the powers vested in the Commission under this law in

    respect to inquiries and investigations.

    Chapter VI

    Miscellaneous

    21. Services may be availed :

    1. While conducting investigations and inquires or initiating other actions thereto

    pursuant to this Act and other current law, the Commission, depending on the need,

    may avail the services of any expert of the concerned subject or of a specialized

    agency.

    2. In order to avail of services as per Sub-Section (1), the Commission shall appoint the

    concerned expert or a specialized agency and the Commission shall be required to

    make an agreement detailing functions of such expert or specialized agency, their

    powers, the terms and conditions they have to follow, procedures, and the

    remunerations and other facilities they are entitled to enjoy.

    3. In case the Commission requires the service of employees of His Majesty's

    Government or of a specialized agency, notwithstanding anything contained in the

    current laws such employee shall be assigned on deputation for a certain period of

    time as demanded by the Commission.

    21a. Employee arrangement: His Majesty's Government shall make arrangements as per the approved posts for the operation of the work of the Commission.

    22. Allotment of functions by the Chief Commissioner: In case other Commissioners

    too have been appointed in addition to the Chief Commissioner in the Commission, the Chief Commissioner shall have power to allot work and prescribe the functions of each Commissioner.

    Page 10 CIAA Act, 1991: Unofficial translation

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